didn't say they were doing anything inappropriate. >> i would find the woman and hunt her down. >> click the ot tab. and we'll see you back here tomorrow at noon and "happening now" starts right now. >> fox news alert. dead locked for a second time. a new york jury cannot reach a verdict in the eton patz case. >> the jury can't reach a verdict in the murder case. we are covering the news now. isis claiming responsibility for the shooting in texas in the muhammed carton contest. >> and now two gunmen are dead and the terror group warns america more is coming. >> there is no specific evidence over seen by isis. and negative news taking its

toll on hillary clinton. but her base is strong as ever. >> honarable hillary clinton. >> and how does she fair against the growing field of republican contenders? a hard look at the list. an amazing rescue caught on camera. a motorcycle rider trapped under the truck. witnesses leaping to help. >> you are okay. don't move! don't move. >> it's all "happening now". we begin with breaking news on the terror front. isis claims responsibility for the attack on the cartoon meeting in texas. i am jenna lee. >> and i am jon scott. this is the first time isis claimed the responsibility for an attack in the united states.

there is no proof that the terror group had contact with the gunmen the roommates in phoenix who died in a shootout with police. this attack raises more questions with the lone wolf. >> reporter: the isis' claim of responsibility came by the radio station in which it praised what it called two soldiers of the caliphate for carrying out the attack on the muhammed cartoon contest here in garland, texas. but the question is is there any credibility to the claim and frankly the jury is out right now. did they actually direct the shooters or trying to claim responsibility in the hope that that strikes further fear into the hearts of america.

officials and investigators are pouring over that message and the social media profiles of the two shooters. elton simpson's family put out a statement expressing their surprise in what he did. we are sure many people in this country are curious to know if we had any requested of elton's plans. to that we say, without question, we did not. >> officials have been searching the apartment where simpson and suffe lived in phoenix arizona. they are gather aring evidence in the search. both men attended an islamic community center near that apartment. and those who knew them there also expressed surprise at what these two men did. listen here. >> it is shocking. he had a nice positive demeanor

and very polite and all and had a smile on his face. and i don't know what took him from that person to what happened? >> reporter: as we talk about any role that isis may or may not have had in the attack it is worth that it grabbed attention if the role and aim of the plot was to kill as many people as possible in the muhammed cartoon contest, it failed miserably. two men armed with with assault armor and no match with a cop with a pistol. isis is claiming responsibility for what was a very much failed terrorist attack jon. >> the cop is a good marksman as

well. johnathon thufrng you. >> federal agents tracked elton simpson for years. c- roger system a retired detective out of new jersey and interesting to hear about the fbi's oversight potentially of the suspects now deceased. and to know that local law enforcement bore the brunt of confronting this individual. talk to us a little bit about that and what weight is on local law enforcement, when it comes to confronting terrorist attacks like this one. >> isis if they directed this attack declared war on the united states. the battlefield will be in the neighborhoods of the united states of america. and that means, the burden of fighting the terrorist are local law enforcement. i said all along the u.s. to pour millions of dollars for training

of the agencies on tactical responses to the attacks. >> these agents in the suburbs of dallas were not having that training but able to confront them. >> it was a policemen that were trained. to their credit they had information, swat teams and all of the weapons they needed in the event of the attack being much larger than it was. >> it was not clinical terrorist attack. different law makers are calling it that. why does that matter? >> it matters a lot. the government needs to be transparent with the american people. they were terrorist and had terrorist connections and we don't know if isis directed the attack but they committed terror on the american people in the attack. they were not looking to kill 1 or 2 people. they wanted to take out close to 100 people.

and kudos to the garland police department and that hero and street cop that prevented a disaster. >> your expertise on the local level is invaluable to us. when you hear the fbi watched one of these men for years and you would presume, and i wonder if i am presuming too much that they would notice he was on on the way to texas? and i wonder if you have a gut feeling of whether or not the fbi had any oversight or heads up that he was on the way to attack the the particular sight? >> it is difficult to stretch our resources. sure they had him on the radar and didn't have him under surveillance, but the fbi and local police collaborated information and prevented a disaster and leads to one big issue and our government especially the white house has to pour funding in the the nsan and increase surveillance and increase the resources that

local police need. it is the local police that will be the first responders and within that few minute its is do-or-die. >> can you be more specific about the resources >> a ask most people to ask the police officers if they are trained on how to detect terrorist and collect information and are they trained to really respond to situations like this. >> and how is that different than the regular criminal on the streets? >> your regular criminal he has one thing in mind and that is to get a reward. these people are terrorist and they have one thing in mind to terrorize the united states and you try to take out not 1 or 2 people you kill. >> and when you heard the news that a traffic cop took down the two men what did you think?

>> we are traffic cops and doing all sorts of jobs and his instinct kicked in and he knew he had to do something. and god bless him. there is a lot of the criticism on the local cop today. they are the only one sea of blue separating us from terrorist and criminals and the law- abiding public. >> that is a great reminder today. stephen your perspective is invaluable. >> and developments on the political front and you probably saw it on the fox news channel. former arkansas governor mike huckabee throws his hat in the presidential ring. launching his second bid for the white house. telling arkansas and money and power and influence is leaving americans behind. >> the country is more polarized than ever in my lifetime. many americans who have jobs

have seen the full- time job become two part- time jobs with no benefits at all. >> the former baptist minister faces more competition from an already crowded republican field. >> and another big story we are watching. a stunning new development in the etan patz murder trial. the jury is dead locked again on whether to convict hernandez. and apparently it is not simple as it sound. david lee miller has more on this. >> reporter: jenna, consider this the jury in this case has been out 15 days and that is longer than many trials. this is the second time the jury said it is dead locked. last thursday jurors told the judge they couldn't reach a verdict he instructed them to

continue deliberations. and the jury sent the judge a note. after significant deliberations, we are unable to reach a unanimous decision. the judge said the verdict will be second guessed and an likewised. and the judge is not asking the jurors to violate their decision. >> and pedro hernandez was accused of killing etan patz. his disappearance changed his new york soho neighborhood and the rest of the country. there was a heightened awareness of the plight of missing children. etan was the first missing child to be pictured on the milk carton. there was a break in the case when a brother-in-law of hernandez tipped off the police. hernandez worked in the

convenience store where etan went to buy a soda. hernandez confessed to the crime and said he put etan's remains in a box near a trash bin and they were never uncovered. the defense said it was untrue. and said his client is mentally ill with a low iq. the prosecution said hernandez is a killer who made many admissions of killing etan. despite the fact the defense here has asked for a mistrial. >> wow, we'll see what happens next. david thank you. >> this fox news alert on another fascinating case we are monitoring on "happening now". the jury failed to reach a verdict in the murder trial of cal harris. the jury is dead locked. it is the third time harris was

tried. he was charged with second-degree murder and accused of killing his eh stranged wife michelle harris. neither her body or murder weapon was ever found. >> the latest on the 2016 race. a new poll showing support for hillary clinton slipping with all voters and still rock solid with specific democrats. and dozens of migrants are pulled from a sinking rubber raft. and then there is this. >> you will get off of the bus when i am done with them. >> i am not letting anybody off until you listen to what i said. >> an angry show down with the bus driver and parents when the driver refused to let the kids off of the bus.

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>> new video of migrants being rescued in the mediterranean sea. footage showed dozens of people vam bring to grap the rope. migrants can be seen jump negligent water. and the small raft appeared to take on water. this is a issue for those trying to escape from northern africa to europe. >> and the scandal involving hillary clinton may have impact. and seven weeks in which mrs. clinton formally started her campaign a share of people with a negative view for hillary clinton jumped 42 percent from 36 percent in last month's survey. and only a quarter of registered voters rate her as honest.

and 50 percent rate her poorly on characteristic of honesty. compared to last month. it dropped to 45 percent who compared her honestly down from 54 percent from last year. >> and michael waren. with the weekly stannard. and jackie is with the daily beast and is hillary clinton in trouble here? >> i if she is in trouble, but the scandal and e-mail server has taken a toll. when they go out on the campaign, your approval does drop because you for the spotlight. they tried to stem the bleeding and talking on about income inequality. and the attention to the scandal

took the toll. nmike, you say the left wing. democratic party is suspicious of hillary clinton. and if the folks in the middle are questioning her honesty, that can't be a good sign? >> but look at poll numbers, it is upwards of 85 percent of the democrats say they are on board with hillary clinton. and so the left wing may be suspicious and didn't like her in 2008 and went with barak obama and pushed elizabeth waren and bernie sanders. but the democrats are coming home to hillary clinton and said she's the one we'll go to the dance with. it is such a reversal of the democrat and republican primaries in the past. republicans had a guy like with george bush, but we can put the nail on the coffin of left wing challenge to hillary clinton look being at the wall street numbers. it is hillaries party and

nomination and she will move forward with the nomination and the scandals are having a mininal affect. >> if he is right and the democrats are gaga over hillary clinton you don't win strictly with democratic votes and republicans don't win with republican votes. it is the independents who matter. what do they think about hillary? >> that's who she needs to convince. the democrats will get behind hillary clinton, but the dnc announced they will have debates anyway. and maybe it will be a bernie sanders and hillary clinton face off come this fall. but she would have to appeal to the middle just like every republican is going to have. to and she would have to watch her left flafrng not to go so far left that she doesn't appeal to the voters. >> women are a huge force. the fact that hillary clinton

could be the first female president does that enhance her prospect with the voting women? >> white women are 2- 10 points in favor of hillary clinton. that could be a problem for the republicans because white married woman, that was a huge demographic group for mitt romney stay compettive. if hillary clinton is doing better that is a problem with republicans and that is the justification for carly fiorina. she is out there is aing look who do you want to go toe to toe or me who will not be accused of sexist attacks or anything like that. i don't know how compelling that would be in a republican primary. it is something in new hampshire that republican primary voters are intrigued by and thinking

what is the best way to go after hillary clinton. >> we'll see who is on the debate stage. thank you, jackie and mike. >> and the potential for severe storms in the day after a round of heavy rain and flooding in parts of the midwest.

>> witnesses jump into academies to saf a motorcyclist dragged under a truck in california. several people noticed the biker wedged. and [bleep]ed down the driver. the group including an off duty four fire to lift the truck. the bieshg was conscious and suffered only minor injuries.

> and a fox extreme weather alert. and parts of denver are feeling it. and the wet weather is expected to last in the meantime there. and west coast, a storm in the southern hemisphere. and it is causing beach front flooding and reorganization of ships apparently. and we could have our first tropical storm of the season. it is not exciting for some. >> and janis is here with us. >> both of our husbands like to surf and check the tropics. we'll talk about this right here. but first of all, the threat for severe weather in the rockies and southern plains. it is going to be an ongoing event for the next couple of days. low pressure in texas and

oklahoma and damaging winds and isolated tornados. and downpours. flash flooding and this will go eastward and give a potential for strong to severe storms wednesday and thursday for the areas in the southern plains. talk about the tropics. here in the bahamas, we are watching the potential of low pressure that is subtropical and that is a hybrid of a winter type and summer type. and this is a reloyable forecast models off of the coast of the carolinas on thursday. it gets a name it would be anna and water temperatures are warmer than average and we have fuel here for a potential tropical storm. we are not expecting a busy season. it takes one hurricane to make it a bad day. and anna would be the first

named storm. and jenna, tropical season doesn't officially start until june 1st. we'll be watching the tropics. >> we'll see if anna is early. >> we like the singing. not too far from broadway. >> i can see it. and we'll wait for the storm for that. >> and jenna, thank you. >> and that is the forecast and music. >> all entertaining and president obama nominates a new chairman of the joint chiefs of staff and why republicans and democrats a like are praising the choice. and plus this. why the driver of the school bus refused to let students get off to join waiting parents. and the starbucks in north carolina are giving police a free cup of coffee.

what did they get in return for their kindness? a lawsuit. >> they are trying to go out of their way sdp and do something good for someone who put their life in duty. >> it is easy to sue anybody these days. the fact he dropped hot coffee in his lap, he needs to take responsibility for his actions. i'm reworking the menu. veggies you're cool... mayo, corn dogs... you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. with nine grams of protein... and 26 vitamins and minerals. and now with... ...twice as much vitamin d ...which up to 90% of people don't get enough of. ohhhhhhh. the sunshine vitamin! ensure now has 2x more vitamin d to support strong bones. ensure. take life in. you total your brand new car. nobody's hurt,but there will still be pain. it comes when your insurance company says they'll only pay three-quarters of what it takes to replace it.

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>> the next chairman of the joint chiefs was confirmed by the senate and will replace retired general martin dempsey. shannon. >> jenna, it is a beautiful day in washington and rose garden and the president introduced his next nomination of the chairman joint chiefs of staff. >> he is one of the military's highly regarded thinkers and respected by members of congress on both sides of the aisle. and tireless and his tavhas been known to carry around a voice recorder to keep up with his commands and new ideas. >> dunnford served and led the afghanistan war coa lig.

president obama noted dunfort 40 years of service and impressed with the unvarnished military advice. he witnessed the general's leadership in theuation room and out in the fold and trusts him completely. mr. obama outlined key tasks that they will tackle will together from continuing to train afghan forces and pushing back against the islamic state and working together with congress to make a responsible approach to defense spending. & in this new position. general dun ford will be the chief military advisor to the president and will have to get through the senate. the president believes he will get broad bipartisan support and get confirmed. >> thank you, shannon, very

much. jon? >> right now jury selection underway in a lawsuit over a hot cup of coffee and a loose lid. a police officer is sowing starbucks after burning himself when the cup collapsed. officer matthew core is demapping 50,000 for burns and blisters and suing on behalf of his wife. >> elist and doug does this case have legs in >> i don't think it does. he has to show causation. this cup of coffee caused all of these things and hurt the disease he had. and why he can't have relations with his wife. i think what this comes from the 1994 after mcdonald was sued and a woman went through the drive through and got a lot of

money. but mcdonald served the coffee 30 percent hotter. and burns over 20 percent of his body. >> he had included the paper cup manufacturer in the suit. and now it is just starbucks. >> if he can show that the cup was defective. and if he can show it was negligently served to him, that's what he will show. and affected and existing medical condition. i think it is weak and very weak grounds. >> and he said it aggravated his chron's disease. >> and say he got the cup of coffee and put sugar or whatever in it. maybe he was negligent in the way you handle. it >> and a lot of times you

squeeze the cup and the top pops off. >> starbucks said they serve 4 billion cups. >> and that is amazing track record. >> and there is a lot of the food service places that will offer free coffee to cops. this cup was free. it is not chlor whether it was because they give free coffee to the cops or hadn't paid for it yet. but it was a free cup of coffee; does that make a difference? >> no it doesn't. there is it still a warranty it is a decent cup of coffee. and even if you say i was negligent and got this burn. pay the medical bills. >> and still makes the claim that the duty is different on a free cup. >> i agree. >> and one other case that we want to talk to you about. it takes a bit of set up and toss to gen a.

>> thank you, jon. a school bus driver is under investigation for refusing to let kids get off of the bus, why? that is an interesting question. william has more on this story. >> jenna, i don't know if you have the temperament to be a bus driver. what started as a lesson in manners snow balled. and what would happen next. and this is outside of phoenix. the bus driver was trying to teach 40 elementary sexual you you -- student us a lesson. (inaudible) your parents are getting upset. (inaudible)

>> and so parents picking up the kids didn't understand why the driver didn't open the door. they yelled and the kids screams and one father tried to pry open the door and the driver hit the gas and parents in pursuit calling 911. you can't keep them look locked up with no a c. >> and so the driver is on administrative leave while they figure out if it was isolated incident or the driver didn't have the temperament. >> i don't know. it is all bringing it back. william thank you very much. and jon, more with the legal

panel now? >> the door on the bus is locked up tight. >> let's bring it back. at the outside i feel for the driver. i have been on school buss and some of the kids these days behavior is awful. and so his idea was i am not going to open the doors until you guys sit down and quiet down and behave yourself and it went clearly too far. and the parents are there and i am speaking of the perspective of the parent i wouldn't know what went on sxcht the driver went postal so to speak and you could be charged criminally for endangerment. >> but at the same time he has to have disciplinary discretion. but to look them up and drive away from the parents. that went too far and saying. i am going to keep the bus where

it is until it calms down. >> he was not speak nothing a calm manner. >> of course not. >> and he was saying to the kids your parents are going to be mad at you. he was not become calm. he was not saying be calm. >> and you would have been? >> no. ntalking about potential charges. we assume they don't have previous felony convictions. >> it would be a first offense. and probably misdee meaner. and obviously no prison time and bumped down to a noncriminal offense. >> and if he comes back and take look i was scared because i didn't know that parent and they were knocking on the bus and maybe they would hurt the kid and i drove away and went back to the school.

that's what i think he would argue. >> you are not going to charge him with a felony. >> obviously the parents are upset and civil court? >> sure the other thing. >> and who do they sue the driver or school. >> no the school district are the ones that have hired him and deep pockets. under responding. >> and the parents could sue for their kids because the kids are screaming and getting upset. and the parents would say emotional distress on parts of little johnnie or sue. >> and impact on potential future bus rides. if they are screaming, i want my daddy. they are younger kids. >> they would be scared of the yellow bus. >> all right. we'll let our viewers know. >> and up next one-half of

a silicon power couple died suddenly in mexico. and what doctors are revealing about the death. and the questions right after a shooting. being a sailor, and my daddy. thank you mom, for protecting my future. thank you for being my hero and my dad. military families are thankful for many things. the legacy of usaa auto insurance could be one of them. our world-class service earned usaa the top spot in a study of the most recommended large companies in america. if you're current or former military or their family, see if you're eligible to get an auto insurance quote. c'mon buddy, arms up. why do i have to put on a sweater? 'cause we are going out to brunch. why? because it's mother's day and on mother's day sometimes you have to wear things that you don't like to wear. now we get to drive and sit in traffic and go to a fancy restaurant and order a bunch of overpriced entrees that are really small.

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>> the husband of facebook ceo said that he died while exercising on a treadmill. but the resort said the tragedy did not take place there. so what happen? and should all of the presidential candidates get snap chat on their phones? how it plays a factor in the race. >> and a college student puts cleaning fluid on a roommate's food. it was all caught on hidden camera. don't miss the real story. >> and we are learning new details about the death of a silicon valley executive.

david goldberg of survey monkey was exercising in a gym when he collapsed. he was found unpresponsive and pronounced dead in the hospital. doctors say he died of severe head trauma. he was married to cheryl sandburg and comprised one of silicon valley's well known power couples. >> and the jury in the trial of james holmes hearing from the gun dht man of him two hours after that deadly attack. here is the latest for us now. >> reporter: we have also been getting information and testimony by fbi's bomb technicians that were sent to holmes' apartment when he admitted to the police officer that he rigged his apartment to explode. they put a comrobot to look

inside. and they have cameras and what they were able to see and find was frightening. they found that he had themes on filled with glycerin and air fresheners to mask the smell of gasoline and he had three jars filled withna palm. he had turned in once triggered by a wire to explode. it was a giant bomb. jurors heard from holmes himself as you mentioned. this is over two hours after police arrested him. take a listen. >> you want a fan in here and get air circulating or anything? >> no. it is okay. >> are you good to talk with us?

>> i guess. >> testimony shoes when holmes was taken to the interrogation room that said crimes against children unit. in fact a six-year-old was shot four times and on the stand today the man in the theater with his wife. when he played dead after being shot in the leg and his lower right leg was blown apart and amputated and he was asked to show the leg to the jury and holmes leaned to get a better look. and aideshgs en was talking and his wife got back. they were newly weds. james holmes' father was seen wiping tors from his eyes.

>> and john kerry making history as secretary of state where he made a surprise visit. it was

secretary of state john kerry marking a milestone, becoming the first secretary of state to visit somalia. he made the unannounced trip under tight security in a show of support for somalia's government which is trying to combat the terror group el shabab the same group responsible for a terror attack last month on an university in kenya that killed 148 people.

as the united states and cuba trying to normalize relations for the first time in more than 50 years, a big battle is brewing on how cuba will compensate thousands of americans and american companies who lost property on the island when the communist government seized control. the value of all those assets we hear is staggering. >> reporter: it's a large amount of money and larger question is whether cuba will ever actually pay forth. if the trade embargo against cuba is ever to be lifted by law, cuba must first settle all u.s. claims against the cuban government. as fidel castro and his communist revolutionaries rose to power in the early 1960s they compensated businesses farms, factories, houses making it all the property of the state. this included about $7 billion in assets owned by americans at the time which is considered the largest uncompensated seizure of american-owned property by a foreign government ever. alex robertson's family had

about $5 million in cuban businesses in their words stolen. they are among 6,000 on a decades-old cuba claims list run by the don't of justice. many large and well-known u.s. corporations are object that list seeking millions of dollars like exxon, texaco coca-cola and goodyear tire and rubber company. claims cuba has never dealt. with. >> the problem is if they do not pay, then it signals the world that you can confiscate american properties anywhere and you can get away with it. >> what exactly can impoverished cuba pay? when the average cuban only makes $20 a month. when cuba paid off spanish claims it was for $40 million. 10% what was asked. canadians were only paid $850,000 also a fraction. >> cuba don't have much to write checks. cuba is indebted up to its eyeballs and it squandered the

riches it had produced. >> reporter: for its part cuba is making its own demand. $100 billion from the u.s. to pay for what it says the embargo cost it. >> wow. phil thank you. some nerve. what do panera bread, misdirected bananas and a spunky world war ii have in common? they are part of our final 30. three stories you don't want to miss. when you're living with diabetes steady is exciting. only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. i'm a bull rider make it part of your daily diabetes plan. so you stay steady ahead. unbelievable! toenail fungus? seriously? smash it with jublia! jublia is a prescription medicine

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time for the final 30. panera bread going au natural. publishing its no-no list 150 ingredients and artificial additives that will no longer be used in its food. >> more than $20 million worth of cocaine shows up in german supermarkets in boxes of bananas. cops say it was a logistical mistake by the drug lords. a 95-year-old world war ii veteran proves he has fight in him. he beat off a would-be mugger outside a drug store in new

hampshire with that cane. don't mess with the greatest generation. he is spry with that thing. i like that. >> thanks for joining us today. >> have a great day. "the real story" with gretchen starts now. thanks guys. isis claiming responsibility for a planned attack on u.s. soil but so far shows no proof. >> facebook exec sheryl sand berg's husband dies after a tragic accident exercising at a mexican resort but the resort saying it didn't happen there what's the real story? >> a college student does nasty things to her roommate's food and now she is charges. i'm gretchen carlson. "the real story" starts right isis warning new attacks on american soil are going to be coming here. the threat comes as the feds investigate whether or not the terrorists had ties to